[Rhea Bail Hearing-LIVE UPDATES] Bombay HC Hearing On Bail Application Of Rhea Chakraborty And Others In NDPS Case

Sayed : The quantity of the contraband is a sine qua non for the application of the provision.

Justice Kotwal : We will go by the plain language of the section.

Sayed : Plain language and also the interpretation given by the Court.

Justice Kotwal : In that case, the legislature could have said in Section 37 "all cases involving commercial quantity". Why did it mention Sections 19, 24 and 27A in Section 37?

Sayed : Can it be said that 5 grams of ganja be a significant quantity for the purpose of classification of small/commercial quantities? Can it be said to be 'illicit trafficking'? Was that the legislative intent?

Sayed : If the contraband is small quantity, will the provisions of Section 19, 27A be applicable?

Justice Kotwal : This is the point which I was expecting you to argue.

The 1989 amendment to increase the rigours of bail was made to deal with illicit trafficking of drugs : Sayed.

Sayed now making submissions on the applicability of Section 37 of NDPS Act.

Sayed : Their (NCB's) pivot, the man is gone. The man is no more. How do you corroborate these statements?

Sayed : What comes out of chats and telephonic conversations unless there is direct evidence before the court that I have committed offence.

Sayed : Unless and until the prosecution proves that the contraband was actually delivered to me, those messages have no evidentiary value.

Sayed : The delivery man could have smoked the contraband himself, or could have stolen it, or could have delivered it to someone else. Without proof of actual delivery, the messages have no evidentiary value.